Landlord Refunded Substantial Portion of Overcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and found an overcharge in the amount of $12,039, including interest. The overcharge was based on landlord's collection of rent increases even though tenant had no vacancy or renewal leases. Tenant appealed and lost. Tenant claimed that the DRA should have assessed triple damages. But landlord had refunded $10,500 to tenant after receiving notice of tenant's complaint from the DHCR. The DRA ruled that landlord had to refund an additional $1,539. Since landlord provided a substantial refund to tenant that was just slightly less than the final overcharge determination with interest, the DRA's decision was rational and in compliance with DHCR Policy Statement 89-2.

Rohe: DHCR Adm. Rev. Docket No. GM210001RT (1/29/19) [3-pg. doc.]